RP Blog

In a recent decision of the Ontario Court of Appeal, Thunder Bay (City) v. Great American Insurance Company, 2024 ONCA 837, the Court of Appeal considered the circumstances in which an exclusion clause may not remove an insurer’s duty to defend. Background Various legal proceedings were pursued against the CityRead More

By Michael Kryworuk On November 11, 2024, Justice Jane Dietrich of the Ontario Superior Court of Justice in Toronto released her decision in M.P. v. Ontario Power Generation Inc., 2024 ONSC 6295. This decision concerned a motion brought by the defendant, Ontario Power Generation Inc. (“OPG”), to strike a numberRead More

By Kathryn Orydzuk The case of Aviva Insurance Company v. Echelon Insurance, 2024 ONSC 5921, arises out of a motor vehicle accident that involved a motorcycle insured by Echelon under a policy issued in Ontario and a Chevy Silverado insured by Aviva under a policy issued in Alberta. The accidentRead More

By Megan Chan In the recent Ontario Superior Court decision Logan v. Stryker Canada Corp., 2024 ONSC 6171, the court addressed a motion for an order under Rule 32 of the Rules of Civil Procedure. Facts A medical device, manufactured by one of the defendants, Stryker Canada Corp., was usedRead More

By Erin Crochetière The Court of Appeal for Ontario recently weighed in on the issue of the prejudgment interest rate applicable to claims for non-pecuniary general damages claims in Henry v. Zaitlen, 2024 ONCA 614.[1] The underlying action arose from a medical malpractice claim. At trial, the plaintiff was awardedRead More

By Jordan Petruska In Baldasio v. City of Toronto, 2024 ONSC 5391, the defendant, City of Toronto brought a motion for dismissing the action for delay. Background This action arose from a slip and fall incident on January 13, 2014. On December 29, 2015, the plaintiff commenced an action againstRead More

By Farid Mahdi In the recent decision of Burley v. City of Ottawa et. al. (“Burley”),[1] the Ontario Superior Court of Justice reaffirmed that the defendant building owners did not owe their plaintiff tenant a common law duty to maintain the municipal sidewalk adjacent to their property, that they wereRead More

By Emily Vereshchak In Bello v. City of Hamilton, 2024 ONSC 5457, the Court examined whether the plaintiff’s personal injury action ought to be dismissed on the basis that the plaintiff was cycling on an untraveled potion of highway in the City of Hamilton. Facts The plaintiff was biking withRead More

By: Katrina Taibi Overview: In Ferreira v. Hopper,[1] the Ontario Superior Court considered for the first time whether the Canada Emergency Response Benefit (CERB) and the Canada Recovery Benefit (CRB) can be deducted from an income loss award in the context of a motor vehicle accident. Background Facts: The plaintiffRead More

By Elizabeth Branopolski In the recent decision of Abdul-Hussein v. Zabel, 2024 ONSC 4035, the Ontario Superior Court of Justice reiterated the important role expert evidence plays in medical malpractice claims. Background The self-represented plaintiff, Ms. Abdul-Hussein, consulted with the defendant, ophthalmologist Dr. Werner Zabel, for a cataract surgery consultation.Read More

By Eli Feldman Introduction On September 9, 2024, for reasons set out in Auguste v. Ottawa Police Services et al., 2024 ONSC 4956, the Ontario Superior Court of Justice dismissed the claims of Cheryl Auguste and her three children (collectively, the “plaintiffs”) pursuant to r. 2.1.01 of the Rules ofRead More

By Cameron Allan It is not unusual for individuals embroiled in legal proceedings to express concerns about the personal and private information divulged in evidence and put into public record during the litigation process. Privacy and security are important to many of us, after all.  As a result, litigants mayRead More

By Antoinette Monardo In Little v. Bramcan Investments Limited, 2024 ONSC 1485, the plaintiff was an undischarged bankrupt at the time the action was commenced. The Ontario Superior Court of Justice determined that the action not being brought in the name of the trustee in bankruptcy was not a simpleRead More

By Sebastian di Domenico In Willick v. Willard, 2023 ONCA 792, the Ontario Court of Appeal dismissed the appeal of the plaintiffs who argued, among other things, that the trial judge erred in law by failing to provide sufficient reasons. This was a complex medical malpractice case. On March 10,Read More

By Megan Chan The new Rule 6.1.01(1) of the Ontario Rules of Civil Procedure came into effect on July 1, 2024. This new Rule was considered in LaPointe v. Simcoe Muskoka Catholic District School Board, 2024 ONSC 4040. The action involved personal injuries suffered by Hudson LaPointe while playing inRead More

By Shannon Mascarenhas The case of Clancy v. Farid, 2024 ONCA 568, certainly has a colourful history. For an in depth summary of the case in the lower court, see our firm’s blog post from earlier this year. In short, this was a claim for defamation brought by 53 plaintiffsRead More

By Sebastian di Domenico In McFadden v. Psutka, 2024 ONCA 203 (CanLII), the Ontario Court of Appeal addressed an appeal from the dismissal of the appellants’ motion for leave to amend their claim. This case arises from alleged negligent treatment provided by the respondent, Dr. David J. Psutka. The motionRead More

By Riley Groskopf The recent decision in Wiseway Global Canada Consulting Ltd. v. Shen, 2024 ONSC 4005, concerned a motion before the Superior Court of Justice seeking to make a series of amendments to a Statement of Claim after the completion of discoveries, pursuant to Rule 26.01 of the RulesRead More

By Nasra Esak In a recent decision of the Ontario Court of Appeal, Norman Towing (7344508 Canada Inc.) v. Riordan Leasing Inc., 2024 ONCA 518, the Court of Appeal outlined the relevant factors courts must consider when granting a nunc pro tunc order. Nunc pro tunc (latin for “now forRead More

By Michael Kryworuk On April 18, 2024, Justice Adrianna Doyle of the Ontario Superior Court of Justice in Bellville released her decision  in The Corporation of the Municipality of Marmora and Lake v. His Majesty the King in Right of Ontario, 2024 ONSC 2254. This matter concerned an application broughtRead More

By Kathryn Orydzuk Background The appellants/plaintiffs appealed the June 5, 2023 decision of Penny J. of the Ontario Superior Court (Workman Optometry Professional Corporation v. Certas Home and Auto Insurance, 2023 ONSC 3356), which was heard by the Ontario Court of Appeal on June 12, 2024 (Workman Optometry Professional CorporationRead More

By Jennifer Singh The Appeal in Legault v. TD General Insurance Company, 2024 ONCA 439, arose from a trial decision dismissing an action brought by Shelley Legault against TD Insurance Company (“TD”) relating to TD’s denial of Ms. Legault’s claim under her homeowner’s insurance policy following a fire at herRead More

By Jordan Petruska In Zaza v. Toronto, 2024 ONSC 2931, the defendant, Beasley Enterprises Limited was ordered to pay costs to the co-defendant, The City of Toronto for keeping them in the action and failing to conform to the defence and indemnity provisions of their licence agreement. Background                                  This actionRead More

By Emily Vereshchak In Construction Distribution & Supply Company Inc. v. Continental Casualty Company (CNA Insurance), 2024 ONCA 405, the Court of Appeal analyzed the applicability of an exclusion clause in an insurance policy in relation to pollution liability. The appellant, Continental Casualty Company (“Continental”), appealed the decision of theRead More

By Erin Crochetière The Court of Appeal for Ontario recently considered the liability of landlords for dog bites occurring on premises they own, in the case of Walpole v. Crisol, 2024 ONCA 400. The appellants, the Walpole family, were visiting the home of the defendants, Tammy Brush and Larry Ostertag, whenRead More

By Elizabeth Branopolski In the recent decision of the Ontario Superior Court of Justice, Hamilton-Dawkins v. Town of Ajax, 2024 ONSC 2152, the Court considered whether the Town of Ajax was able to rely on the statutory defences available under s. 44 of the Municipal Act to avoid liability. Background TheRead More

By Antoinette Monardo In Rivard v. Kingston Police, 2023 ONSC 6627, the Divisional Court simultaneously grappled with a motion to strike out an amended statement of claim, and a cross-motion for leave to amend the amended claim. Context On September 7, 2018, the plaintiff (respondent on appeal) was involved inRead More

By Cameron Allan A recent decision from the Ontario Superior Court of Justice serves as a reminder for counsel to carefully consider the types of documents being provided to their expert witnesses for the preparation of expert reports. In Simmermon v. Djoudad et. al., 2024 ONSC 2388, a motion judgeRead More

By Celina Stoan Overview The case of Clancy v. Farid (liability decision reported at 2022 ONSC 947, and damages decision reported at 2023 ONSC 2750) involved 53 individually named plaintiffs and one defendant, Tanvir Farid. The plaintiffs resided in Canada, the United States and Ireland, and all but one wereRead More

By Riley Groskopf A recent motion was brought at the Superior Court of Justice regarding the producibility of individuals under disability for discovery, and the refusal of a party to do so. The motion decision in  Antczak v. Avakian, 2024 ONSC 1715 serves as a good reminder of the fundamentalRead More

By Nasra Esak In Marderosian v. City of Niagara Falls, 2024 ONSC 1043, the Corporation of the City of Niagara Falls brought a summary judgement motion to determine whether the plaintiff’s claim was barred for lack of timely notice, as well as whether it had a duty of care toRead More

By Jennifer Singh This matter of Co-Operators Insurance Company v. Bennett[1] concerns an appeal by Co-operators General Insurance Company (“Co-Operators”) from a LAT decision which determined that the respondent, Helen Bennett, was eligible for funding for an attendant care benefit assessment, given that she had been removed from the MinorRead More

By Jordan Petruska Barry v. Anantharajah, 2024 ONSC 740, arose out of a motor vehicle accident where the plaintiff was hit by a motor vehicle while crossing a crosswalk. The plaintiff made a claim for special damages including loss of income, loss of competitive advantage and loss of earning capacity.Read More

By Emily Vereshchak In Howell, McDonnell v. Freire, Aviva Insurance, Echelon Insurance, 2024 ONSC 586, the Court considered whether the time, expense, prejudice and volume of documents contained in months of private electronic messages between alleged spouses ought to be produced to determine if the plaintiff’s action was properly commencedRead More

By Elizabeth Branopolski In Bustin v. Quaranto, 2023 ONSC 5732, Vince Quaranto (“the defendant”) brought a motion to strike a claim brought by a bystander alleging personal injuries arising from witnessing a motor vehicle accident. The court determined the plaintiff alleged sufficient material facts in his claim to establish aRead More

By Celina Stoan In Denman v. Radovanovic, 2022 ONSC 4401, following a July 18, 2022, mid-trial voir dire, Justice Ferguson ordered the defence’s expert Dr. Redekop excluded from testifying on the grounds of bias. The 35th paragraph of Her Honour’s decision reads “This is the first time I have doneRead More

By Antoinette Monardo The Ontario Court of Appeal’s decision in Williams v. Tuck, 2023 ONCA 452  grapples with a particular issue concerning abuse of process, namely vexatious litigants, and sheds light on the process required to obtain a vexatious litigant order. Context The appellant, David Williams, commenced three actions inRead More

By Riley Groskopf The Ontario Court of Appeal recently released its decision in BelairDirect Insurance Company v. Continental Casualty Company, 2023 ONCA 834. The decision addresses priority of coverage for motor vehicle accidents outside of the statutory accident benefits context, and issues of mistake. Context A vehicle leasing corporation calledRead More

By Erin Crochetière The Court of Appeal recently heard an appeal of a trial decision holding the defendant driver liable for a collision with a cyclist and granting over 2.5 million in damages, in Sanson v. Paterson, 2023 ONCA 798. The plaintiff, Ms. Geraldine Sanson, respondent on appeal, was aRead More

By Katrina Taibi On November 24, 2023, the Ontario Court of Appeal released its decision in Wasylyk v. Simcoe (County).[1] On January 12, 2011, Melinda Wasylyk was driving eastbound on Country Road 88, when she collided with a westbound vehicle operated by Darlene Wos, resulting in catastrophic injuries. Ms. WasylykRead More